Bill 91: Urgent Amendments Needed to Protect Abused Women and Their Children

MONTREAL, April 6, 2025 /CNW/ - Four organizations supporting abused women and families are joining forces to call for a reversal of a key provision in Bill 91 – An Act to establish the Unified Family Court, which is set to be adopted.

Though this bill may seem promising on paper, it puts women and children who are victims of violence in serious danger. The groups are calling for amendments to establish essential safeguards:

• The removal of mandatory family mediation
• Systematic screening for domestic violence by trained mediators

Despite the precautions put forward by Justice Minister Simon Jolin-Barrette, the exemption provided for victims of domestic violence will not guarantee them a safe legal process, nor will it be sufficient to protect them from entering a system that could put them at greater risk.

Mediation must not be mandatory
It is widely recognized that mediation must remain voluntary and requires both parties to be able to assert their rights and needs equally. However, women who have experienced violence often enter family court proceedings at a serious power disadvantage. It has long been known that mediation can be dangerous in this context. Making it mandatory — even with an exemption — will push many victims into mediation for a variety of reasons: fear of retaliation from their ex-partner, lack of financial means, no access to legal counsel, pressure to resolve matters quickly, or encouragement by professionals.

Moreover, requesting an exemption (which requires disclosing the violence) can put women at greater risk, especially when the abusive ex-partner realizes they have cited violence to avoid mediation.

Tragic consequences
In mediation, some women give up critical rights in "exchange" for sole custody of their children, hoping to protect them. Others are intimidated by their ex-partners throughout the process, without the mediator detecting the ongoing abuse. Some women have been manipulated for years and believe their abuser when he says they have no rights, that no one will believe them, and that mediation is their only option.

Systematic screening for coercive control is essential
Too many abused women do not recognize themselves as victims, or are afraid to speak out early in legal proceedings. That's why systematic screening for coercive control must be conducted by trained professionals as soon as women enter the family justice system. This screening must be accompanied by referrals to specialized resources, such as women's shelters and support centers. This is the only way to break isolation, ensure women's safety and that of their children, and support informed decision-making.

Justice reform cannot be carried out on the backs of women
We recognize the government's intent to improve the judicial system. But the first priority must be safety and fairness for women and children. A reform that claims to help families cannot ignore the realities faced by victims of domestic violence.

Quotes

"Making mediation mandatory is denying the reality of women who are fleeing a violent ex-partner. It's not just inadequate — it's dangerous," says Manon Monastesse, Executive Director of the Fédération des maisons d'hébergement pour femmes.

"Minister Jolin-Barrette has shown courage in recent years by pushing for cultural change in the justice system. But the positive measures meant to better support and protect victims may become meaningless if those same victims are left alone in mediation, with no one to defend their rights," says Louise Riendeau, Co-Lead for Political Affairs at the Regroupement des maisons pour femmes victimes de violence conjugale.

"While we are generally satisfied with the creation of a Unified Family Court, we fully support our allies who work with abused women in demanding that family mediation not be mandatory," states Marie-Pier Riendeau, Interim Executive Director of the Fédération des associations de familles monoparentales et recomposées du Québec.

"Behind the so-called success rates used to justify mandatory mediation, there are untold stories of financial coercion and ongoing post-separation abuse. The government has made a commitment to protect women and children from domestic violence — that commitment must extend to the implementation of the Unified Family Court," says Sabrina Lemeltier, Board Member of the Alliance des maisons d'hébergement de 2e étape pour femmes et enfants victimes de violence conjugale.

Signatory Organizations:

• Fédération des maisons d'hébergement pour femmes
• Regroupement des maisons pour femmes victimes de violence conjugale
• Alliance des maisons d'hébergement de 2e étape pour femmes et enfants victimes de violence conjugale
• Fédération des associations de familles monoparentales et recomposées du Québec

SOURCE Regroupement des maisons pour femmes victimes de violence conjugale

For more information, interviews, or testimonies: Fanny Guérin, Communications and Media Relations, Regroupement des maisons pour femmes victimes de violence conjugale, 514-754-1057, [email protected]